People v. Foster

Illinois Appellate Court
Criminal Court
Aggravated Domestic Battery
Citation
Case Number: 
2021 IL App (2d) 190116
Decision Date: 
Friday, May 7, 2021
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Affirmed as modified.
Justice: 
HUDSON

Defendant pled guilty to attempted aggravated domestic battery and was sentenced to probation. Defendant's probation was revoked, and court sentenced him to 8 year in prison and 4 years of mandatory supervised release (MSR). Statute's plain language does not authorize a 4-year MSR term for attempted aggravated battery. Although section 5-8-=1(d)(6) expressly excepts certain offenses from the MSR terms that generally apply to offenses of certain classes, attempted aggravated domestic violence is not one of those excepted offenses. Mittimus is amended to reflect the proper MSR term of one year. (HUTCHINSON and BRENNAN, concurring.)